Criminal Law

Question 1

Larceny –

Answer 1

(1) trespassory taking,
(2) and carrying away,
(3) of the personal property of another,
(4) with the intent to permanently deprive the owner of the property (intent must exist at the time of taking).

Question 2

False Pretenses –

Answer 2

(1) obtain title,
(2) to personal
property of another,
(3) through an intentional false
statement of material fact,
(4) with intent to defraud.

Question 3

Embezzlement –

Answer 3

(1) fraudulent or wrongful,
(2) conversion,
(3) of personal property of another,
(4) by a person with lawful possession of the property.
− Intent to permanently deprive the lawful owner of
the property is required.

Question 4

Receiving Stolen Property –

Answer 4

when a person

(1) receives possession of stolen property,
(2) who knows the property is stolen when receiving it,
(3) with the intent to permanently deprive the owner of the property

Question 5

Murder

Common Law & 2nd Degree Murder –

Answer 5

Murder is the
(1) unlawful killing, (2) of a person, (3) with malice
aforethought.

Question 6

Malice Aforethought =

Answer 6

(a) intent to kill,
(b) intent to inflict great bodily harm,
(c) reckless disregard of an extreme risk to human life (depraved-heart murder), OR
(d) intent to commit an inherently dangerous felony (felony murder rule).

Question 7

Voluntary Manslaughter – Intentional killing of a person

with adequate provocation.

Answer 7

− Adequate Provocation = (1) D was provoked
(sudden and intense passion causing a loss of
control); (2) a reasonable person would have been provoked; (3) not enough time to cool off;
AND (4) D in fact did not cool off.

Question 8

Involuntary Manslaughter – Unintentional killing of a

person committed:

Answer 8

a) recklessly;
b) under the misdemeanor-murder rule;
c) during a non-dangerous felony; OR
d) with criminal negligence (in some states).

Question 9

Robbery –

Answer 9

(1) trespassory taking and carrying away,
(2) of the personal property of another,
(3) in their presence,
(4) by the use of force or threat of immediate
physical harm,
(5) with the intent to permanently deprive the owner of the property.

− Armed Robbery = above elements + use of a
dangerous weapon.

Question 10

Burglary –

Answer 10

(1) breaking and entering,
(2) of a dwelling,
(3) of another,
(4) at night,
(5) for the purpose of committing a felony inside.
− Most jurisdictions extend burglary to include
breaking into any structure at any time.

Question 11

Battery –

Answer 11

s the (1) unlawful application of force,
(2) directly or indirectly upon another person or their close
personal belongings,
(3) resulting in injury or offensive contact.
− Battery is a general intent crime.
− Intent to cause injury is NOT required.

Question 12

Assault –

Answer 12

either (a) an attempted battery, OR
(b) the intentional creation of a reasonable apprehension of
imminent bodily harm to a person.

Question 13

Kidnapping –

Answer 13

is the (1) confining, restraining, or moving of a person, 
(2) without authority of law.

− MPC → abducting another person: (a) for
ransom; (b) to facilitate a felony; (c) to inflict
bodily injury or terrorize; OR (d) to interfere with
a government/political function

Question 14

False imprisonment –

Answer 14

is the (1) unlawful,

(2) confinement of a person,
(3) against their will,
(4) with knowledge that the restriction is unlawful.

− MPC → when D knowingly restrains a person
unlawfully so as to substantially interfere with
the person’s liberty.

Question 15

Arson –

Answer 15

(1) malicious,
(2) burning,
(3) of a dwelling,
(4) of another.

− Majority of States → includes damage (i) caused
by explosives, (ii) to other types of buildings
and vehicles.

Question 16

At common law, if all other coconspirators are acquitted at the same trial, then a conspirator

Answer 16

cannot be convicted of conspiracy

Question 17

Under the Pinkerton Rule, a conspirator is criminally liable for

Answer 17

any foreseeable crimes committed by a coconspirator acting in furtherance of the conspiracy.

Question 18

An initial aggressor can claim self-defense only if

Answer 18

(1) the aggressor’s use of nondeadly force was met with deadly force or (2) the aggressor, in good faith, completely withdrew from the altercation and communicated that fact to the victim.

Question 19

An accomplice

Answer 19

(1) aids or abets the principal prior to or during the commission of a crime with (2) the specific intent that the crime be committed.

Question 20

liability of an accomplice under the modern majority approach,

Answer 20

need not participate in or be present at the crime to be held liable and may be convicted even if the principal is not.

Question 21

For a kidnapping to occur incident to the commission of another offense, the movement of the victim must be

Answer 21

more than is necessary to complete the other offense.

Question 22

A person is not liable as an accomplice if

Answer 22

(1) the crime requires more than one participant, (2) the criminal statute imposes liability on only one participant, and (3) the person acts as the nonliable participant.